The government's decision to close Army Radio is “part of a broader effort to undermine public broadcasting in Israel and to restrict freedom of expression,” Attorney-General Gali Baharav-Miara said on Monday morning.
She added that the decision “is not supported by the required factual and professional basis, raises concerns that it is tainted by improper considerations, and its advancement is contrary to the law.”
Her comments and the accompanying advisory opinion come ahead of a scheduled government meeting on Monday, during which the proposal was presented by Defense Minister Israel Katz, and unanimously approved. Several petitions have already been submitted to the High Court of Justice.
Army Radio – which has been broadcasting for 75 years – would cease its operations at the very latest by March 1.
The accompanying advisory opinion, penned by Deputy Attorneys-General Dr. Gil Limon and Avital Sompolinsky, warned that the government is not legally empowered to order the closure of Army Radio through a cabinet decision alone, and that the proposed move is unlawful in both authority and substance.
The opinion stresses that while the station’s anomalous status as a military unit operating a major public broadcaster has long been debated, this is the first time the government has sought to shut it down entirely - a step with far-reaching constitutional consequences.
The advisory emphasizes that Army Radio is one of only two nationwide public radio stations broadcasting news and current affairs, and that its closure would significantly narrow the range of viewpoints and sources of information available to the public. As such, the opinion states, shutting down the station would constitute a serious infringement on freedom of expression and freedom of the press - rights that belong not only to journalists and broadcasters but to the public itself.
According to the Attorney-General’s Office, earlier legal opinions that left open the possibility of closing Army Radio by executive action were premised on the existence of a stable, functioning public broadcasting system that could absorb the loss.
That factual premise, the opinion argues, no longer exists. Public broadcaster KAN is currently institutionally weakened and subject to ongoing political and legislative pressures that cast doubt on its long-term independence and stability. In this context, the advisory concludes, the harm to freedom of expression resulting from Army Radio’s closure would be substantial rather than marginal.
The opinion further identifies serious defects in the decision-making process itself. It criticizes the advisory committee whose recommendations underpinned the proposal, citing its political composition, lack of sufficient professional expertise, reliance on questionable data, and indications that non-relevant considerations - including dissatisfaction with the station’s news and current-affairs coverage - influenced its conclusions.
These flaws, the Attorney-General’s Office warned, undermine the factual foundation of the decision and render it unreasonable in the extreme.
Special weight is given to the timing of the proposed closure. Army Radio is slated to cease broadcasting just months before national elections, silencing one of Israel’s most listened-to news outlets during a period when freedom of political expression enjoys heightened constitutional protection. Closing the station at such a moment, the advisory cautions, would further intensify the democratic harm.
In light of these considerations, the Attorney-General’s Office concluded that the government cannot lawfully proceed by executive decision. Any move to close Army Radio, it states, would require primary legislation adopted by the Knesset following a comprehensive public debate on the future of public broadcasting in Israel - and even then, only if grounded in a solid factual, professional, and constitutional foundation.